Indigenous Peoples in the Twenty-First Century
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Author Description
Major Social And Legal Events In Canada Have Influenced--some Might Say Forced--the Changing Relationship Between The Crown And Indigenous People, And This Changed Relationship Is Central To The Present Work. In Short, The Political Climate Of Canada Has Changed. Nearly Four Decades Ago, The Supreme Court Defined Aboriginal Rights As Sui Generis (of Its Own Kind Or Class). Now, After Considerable Time, The Judiciary Is Beginning To Use This Phrase In Various Contexts Impacting Indigenous Peoples. This Expansion Of The Term In The Courts Has Meant That The Courts Have Begun To Make Decisions Based On Aboriginal Rights As Sui Generis. This Has Meant That The Negative Characterizations Of Indigenous Rights Have Now Turned Into Positive Points Of Protection
Menrva's Summary
THE THESIS
This work investigates how shifting legal frameworks and political climates in Canada have redefined the relationship between the Crown and Indigenous peoples over the last four decades. Author James S. Frideres, a prominent scholar in the field, utilizes historical legal analysis and sociological data to argue that the judicial interpretation of Aboriginal rights as 'sui generis' has transitioned from a restrictive concept to a mechanism for positive protection. The text examines the evolution of these rights within the Canadian court system and the broader societal implications of these judicial shifts.
THE SCOPE MAP
What You Will Find
- Analysis of the 'sui generis' legal doctrine in Canadian jurisprudence
- Historical overview of the changing political relationship between the Crown and Indigenous populations
- Examination of landmark Supreme Court decisions impacting Indigenous rights
Scope Limits
- The text focuses primarily on the Canadian legal and political context rather than comparative international Indigenous studies
- It does not provide a comprehensive ethnographic study of individual Indigenous cultures
THE AUTHORITY PERSPECTIVE
Experts recognize this text as a foundational resource for understanding the legal evolution of Indigenous rights in Canada. Readers frequently note the academic density of the prose, which is tailored for students and professionals in sociology and law.
Page Count:
320
Publication Date:
2023-09-28
Publisher:
Oxford University Press
ISBN-10:
0190167335
ISBN-13:
9780190167332
Politics
Law
Sociology
Canadian History
